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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ALBERT WILLIAMS, DEFENDANT-APPELLANT.

Defendant's speedy trial motion was properly denied. Defendant expressly consented to the adjournments between May 15, 1992 and September 11, 1992, which were necessitated by his request that the People perform DNA testing, and there is no basis upon which to find this time includable (see, People v. Kopciowski, 68 N.Y.2d 615). The period between February 22, 1993 and June 7, 1993, during which defendant's speedy trial motion was pending, was excludable. The record reveals that the length of this delay primarily resulted from the unavailability of minutes that the court directed the People to provide. Delays in the production of those minutes are not chargeable to the People because the court reporters are not within the People's control (see, People v. Holden, 260 A.D.2d 233, 234-35, lv denied 93 N.Y.2d 1003; People v. Lacey, 260 A.D.2d 309, 311, lv denied 93 N.Y.2d 1003). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. WILLIAMS
(Dec 7, 2000)